Strengthening Reclamation Obligation through Mining Law Reform: Indonesian Experience

Abstract

Reclamation can produce more value for the environment and create a far better situation than post-mining conditions. While the reclamation obligation policy is a great way to introduce a restorative approach to the environment, the main problem is the disobedience of the mining companies in their reclamation obligation. Therefore, we focused on conceptualizing the strengthening of the reclamation obligation policy in the Mining Act based on the understanding of preventing environmental and social damage. This research is conducted in doctrinal legal studies to create a prescriptive result. Despite the 2020 Mining Act Revision, Indonesia is still facing the previous legal issue due to blind spots in the regulatory framework. Ranging from the continuous conflicts between the mining company and the local community to the problem of non-compliance with the reclamation policy, which has resulted in excavation holes that were left untreated and abandoned, which has created casualties over the years. We offer two major reforms in formulation to strengthen the reclamation obligation. First, is the need to reinforce the essence of “obligation” for IUP and IUPK holders to perform reclamation and post-mining with supervision, as in the Environmental Act. With this formulation, the placement of the reclamation fund by the company does not eliminate the company’s obligation to carry out reclamation and post-mining activities. Second, for the company to comply with placing reclamation and post-mining funds, it is crucial to implement a mandatory condition, whereby the placing of a reclamation guarantees fund is a requirement for approval of the mining plans and budgets (the RKAB), and Clean and Clear (CnC) Certification. Therefore, the reform will cause a shift and strengthen the values of obligation in post-mining reclamations.